NAME: John Russell Hicks

BIRTHPLACE:

Jackson, Mississippi

DATE OF BIRTH: June 2, 1971

OFFICE ADDRESS: Norris & Keplinger, L.L.C. Financial Plaza II 6800 College Boulevard, Suite 630 Overland Park, Kansas 66211 (913) 663-2000 (913) 663-2006 (FAX)

E-MAIL: [email protected]

EDUCATION

Law School: University of Kansas School of Law J.D. 2001 Organizations: Paul E. Wilson, Defender Project Criminal Justice Clinic, Johnson Co. Prosecutor’s Office

College: Central Missouri State University B.S. in Integrated Communications, 1998 Organizations: Assistant Editor: “The Mule”

Military: United States Navy USS McClusky, FFG-41, Yokosuka, Japan Honorable Discharge, 1994 Honors: Navy League of the United States, Outstanding Recruit Award

{0101565.DOC}April 4, 2018 High School: Blue Springs High School Diploma, 1989 Organizations: Student Senate PERSONAL

Wife: Dana Kristen Hicks Children: Michael William Hicks (3/26/02) Reagan Elizabeth Hicks (3/8/05) Emma Catherine Hicks (3/8/05) EXPERIENCE

Norris & Keplinger, L.L.C.: Partner, 1/1/2009 - Present Associate Attorney, 10/15/2001-12/31/2008

 Medical malpractice defense; representation of medical providers in claims of medical malpractice and wrongful death.  Premises liability; representation of insurance companies, hospitals and business owners in claims of negligence.  Other practice areas include, Legal malpractice; Products liability, School law, Construction litigation, General business litigation and Appellate work in both Kansas and Missouri.

BAR ADMISSIONS

Supreme Court of Kansas United States District Court, District of Kansas United States Court of Appeals, Tenth Circuit Supreme Court of Missouri United States District Court, Western District of Missouri United States Court of Appeals, Eighth Circuit

PROFESSIONAL ORGANIZATIONS

Kansas Bar Association (2001-Present) Johnson County Bar Association (2001-Present) The Missouri Bar (2002-Present) Missouri Organization of Defense Lawyers (2006 - Present)

{0101565.DOC}2 Defense Research Institute (2008 – Present)

COMMUNITY ORGANIZATIONS

Navy League of the United States (2006 - Present) Habitiat for Humanity – Volunteer (2006 - Present)

JURY TRIAL EXPERIENCE

1. Vitatoe v. Wegner, M.D., November 2002, Wyandotte County, Kansas. Represented psychiatrist in medical malpractice/personal injury trial. Allegations - Failure to monitor phsychiatric medications.

2. Gingerich v. Kline, M.D., March 2003, Buchanan County, Missouri. Represented OBGYN in medical malpractice/wrongful death retrial. Allegations - Lack of informed consent regarding risk of VBAC.

3. Carlson v. Burks, M.D., February 2004, Boone County, Missouri. Represented OBGYN in medical malpractice/personal injury trial. Allegaitons – Bowel perforation during gynecological procedure and delay in diagnosis.

4. Rodman v. Sicat, M.D., March 2004, Johnson County, Missouri. Represented orthopaedic surgeon in medical malpractice/personal injury trial. Allegations – Improper placement of hip prosthesis.

5. Armstrong v. Rigden, M.D.,et al., June 2004, Clay County, Missouri. Represented oncologist in medical malpractice/personal injury trial. Allegations - Misdiagnosis of recurrent lung cancer.

6. Meyer v. Lockard, M.D., June 2004, Buchanan County, Missouri. Represented gastrointerologist in medical malpractice/personal injury retrial. Allegations - Alleged misdiagnosis of Crohn’s disease.

7. Marion v. Lackamp, M.D., et al., November 2004, Clay County, Missouri. Represented radiologist in medical malpractice/lost chance of survival trial. Allegations - Failure to recommend appropirate follow-up to mammogram. Missouri’s fourth largest defense verdict of 2004.

{0101565.DOC}3 8. Barnes v. Moore, M.D., et al., April 2005, Jackson County, Missouri. Represented internist in medical malpractice/wrongful death trial. Allegations – Failure to order CT after patient fell in hospital.

9. Pitts v. McKittrick, M.D., February 2006, Jackson County, Missouri. Represented oncologist in medical malpractice/lost chance of survival trial. Allegations - Failure to diagnose and treat Hodgkin’s disease. One of Missouri’s Top Ten Defense Verdicts of 2006.

10. Todd v. Lockard, M.D., March 2006, Buchanan County, Missouri. Represented gastroenterologist in medical malpractice/lost chance of survival trial. Allegations - Faiure to diagnose and treat colon cancer. One of Missouri’s Top Ten Defense Verdicts of 2006.

11. Miller v. Johnson, M.D., October 2006, Douglas County, Kansas. Represented OBGYN in medical malpractice/personal injury trial. Allegations - Removal of wrong ovary during laparoscopic salpingo oophorectomy.

12. Fitzhugh v. Women’s Care, P.A., et al., January 2007, Johnson County, Kansas. Represented OBGYN in medical maplractice/wrongful death trial. Allegations - Failure to monitor fetal heart rate after administering Cervidil.

13. Srubas v. Sharp, M.D., et al., May 2007, Jackson County, Missouri. Represented pediatric surgeon in a medical malpractice trial. Allegations - Incorrect surgical procedure to repair pectus excavatum.

14. Swindell v. Abney, M.D., et al., October 2007, Platte County, Missouri. Represented OBGYN in a medical malpractice trial. Allegations - Bowel perforation during gynecological procedure.

15. Conwell v. Neubauer, M.D., November 2007, Johnson County, Kansas. Represented oncologist in a medical malpractice trial. Allegations - Missdiagnosis of Hodgkin’s Lymphoma.

16. Larkin v. Boyle, M.D., et al., February 2008, Buchanan County, Kansas. Represented OBGYN in medical malpractice trial. Allegations - Brachial plexus injury caused by excessive taction applied during Shoulder Dystocia.

17. Hatfield v. Wal-Mart, August 2008, Federal Court Kansas. Represented plaintiff in personal injury suit against Wal-Mart, Inc.

{0101565.DOC}4 18. Khadavi v. Lankachandra, M.D., et al., November 2008, Johnson County, Kansas. Represented hopsitalist in a medical malpractice trial. Allegations - Missdiagnosis of lumbar abscess.

19. Taylor v. Roh, M.D., et al., January 2009, Jackson County, Missouri. Represented Genearl Surgeon in medical malpractice trial. Allegations – Clipped ureter during exposure surgery.

20. Bowser v. Meurer, M.D., et al., March 2001, Clay County, Missouri. Represented Thoracic Surgeon in medical malpractice tria. Allegations – Paraplegia caused by use of Surgicel near the spinal cord.

BENCH TRIAL EXPERIENCE

1. Cohen v. Lockwood, M.D., et al., June 2005. Represented plastic surgeon in medical malpractice/personal injury trial in Federal Court. Allegations – injury to long thoracic nerve during brachioplasty and mastopexy.

2. Chen v. Chen, October 2005. Represented restaurant owner in breach of contract trial.

APPELLATE EXPERIENCE

1. Gingerich v. Kline, M.D., 2002, Missouri Court of Appeals. Respondent’s brief in medical malpractice/wrongful death case.

2. Mast v. Braverman, M.D., et al., 2002, Missouri Court of Appeals. Respondents’ brief in medical mapractice/personal injury case.

3. White v. Zipper, M.D., et al., 2003, Missouri Court of Appeals. Respondents’ brief in medical malpractice/wrongful death case.

4. USD No. 233 v. KANAAE, et al., 2003, Kansas Court of Appeals. Appellee’s brief in school law case.

5. Noone v. Chalet of Wichita, et al., 2004, Kansas Court of Appeals. Appellant’s brief and oral argument in premises liability/dram shop case.

6. Meyer v. Lockard, et al., 2005, Missouri Court of Appeals. Appellants’ brief in medical malpractice/personal injury case.

{0101565.DOC}5 7. Marion v. Lackamp, M.D., et al., 2006, Missouri Court of Appeals. Respondents’ brief in medical malpractice/lost chance of survival case.

8. State ex rel Boyle, M.D., v. The Honorable Weldon C. Judah, 2007, Missouri Supreme Court, Writ of Prohibition regarding discovery of expert witness’ financial documents.

9. Schlaikjer v. Kaplan, M.D., 2007, Kansas Court of Appeals. Respondents’ brief in medical malpractice case. (Transferred to the Kansas Supreme Court 2009)

10. Hatfield v. Wal-Mart, 2008, 10th Circuit Court of Appeals. Appellants’ brief in personal injury case.

11. Miller v. Johnson, M.D., 2008, Kansas Court of Appeals. Respondents’ brief and Cross Appellant’s bried in medical malpractice case. (Transferred to the Supreme Court 2009)

12. Larkin v. Boyle, M.D., et al., 200, Kansas Court of Appeals. Respondent’s brief in a medical malpractice case.

PUBLICATIONS/CLE MATERIALS/PRESENTATIONS

1. “Special Problems: Medical Bills, Liens and Agency,” Missouri Bar Seminar, The Defense of Medical Malpractice Cases After Tort Reform, July 13, 2007, Kansas City, Missouri. Bruce Keplinger, John Hicks.

2. “Efforts to Preserve the Monetary Limit of “Cap” on Non-Economic Damages Recoverable Against Healthcare Providers in Kansas,” ProAssurance Defense Attorney Seminar, October 17, 2007, Branson, MO. Bruce Keplinger, Melissa Hillman, John Hicks.

3. “Production of Expert Witnesses’ 1099 Tax Forms and Schedule C,” ProAssurance Defense Attorney Seminar, October 17, 2007, Branson, Missouri. Bruce Keplinger, Melissa Hillman, John Hicks.

4. “Recent Issues in Voir Dire” ProAssurance Defense Attorney Seminar, October 15, 2008, Branson, Missouri. Bruce Keplinger, John Hicks.

5. “Kansas’ Non-Economic Cap, Recent Challenge to Constitutionality” Greater Kansas City Society of Healthcare Attorneys, January 20, 2010, Kansas City, Missouri. John Hicks

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